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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7373 Sherman 6t., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832-0106 <br />September 12, 2005 '/ <br />Ms. Deanna Van Ella -~ Ms. Deanna Van Ella <br />P.O. Box 2221 180 Ln. 200 Bass Lake <br />Granite, CO 81228 and Angola, IN 46703 <br />RE: Answers to letters of Apri130, and July 27, 2005, Permit M-1992-045. <br />Deaz Mr. and Ms. Van Ella: <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />REC LANATION•NINING <br />SAf ETY•SCIENCE <br />Bill Ovrens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natu21 Resource Trustee <br />I would like to try to answer the questions you raise in your previous letters to the Division of Minerals <br />and Geology (DMG) dated Apri130 and July 27, 2005. Division Director, Mr. Ron Cattany, provided me <br />your most recent hand written letter we received July 29, 2005. Also be aware that I directed Mr. Cazl <br />Mount to personally handle your case upon receipt of April 30, 20051etter. I understand that he has been <br />working with you in an attempt to resolve the issues you raise in your letters, a-mails and phone calls. <br />In the Apri130th letter, you state that there aze many different 110 Reclamation Permits that contain more <br />acreage than the Gold Basin Permit. You are correct. The Mined Land Reclamation Act leaves it to the <br />operator's discretion as to the acreage an operator wants included under their permit. By statute and <br />regulation, the Division cannot dictate how many acres the operator must include in a permit application. <br />(Unless it involves an illegal or a permitted mining activity, then the Mined Land Reclamation Boazd <br />(Boazd) has the authority to specify the amount of acres to be included in a permit or permit amendment.) <br />In order to facilitate the amendment process for your operation, we have offered to process a 110 Permit <br />Amendment for you and waive the amendment fee. I cannot dispute with you what an inspector may or <br />may not have told you in the past, by offering to process the amendment and not require the fee, it is my <br />hope it will provide some measure of relief. <br />As to the problem with the Emma Load Mine, the specialist at that time sent correspondence to the address <br />indicated in our official record. Once our Mr. Mount heard what was happening in this case, he took it <br />upon himself to change the address in our records even though, by rule, it is the operator's responsibility to <br />notify the DMG of any address change. I apologize for any inconvenience this may have caused you. I <br />understand that this particular situation with the Emma Load has been resolved. We appreciate your <br />providing us via a-mail your correct mailing address. It will aid us in terms of future correspondence with <br />you if you keep your correct contact information for your mine and the Emma Load Mine up-to-date with <br />the Division since I understand that you aze not always at your Colorado address. <br />When we received no initial response to our correspondence concerning the Emma Load Mine NOI, (since <br />no contact was established) we initiated bond forfeiture proceedings as directed by the Mined Land <br />ONice of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />